ACrimes and Offenses - 18 PA Cons. Stats. **All notes, presentations, and additional work with the PA Crimes Code contents are located in our classes folder in GoogleDocs. Please visit here to study before every quiz/test, etc.
ASSAULT
Simple Assault
PA Crimes Code: “A person is guilty of (simple) assault if he:
(1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
(2) negligently causes bodily injury to another with a deadly weapon;
(3) attempts by physical menace to put another in fear of imminent serious bodily injury” (Simple Assault, 2010)
Includes attempting or the actual act of causing bodily injury to another, negligently causes injury with a deadly weapon, or puts someone in fear of serious bodily injury that could happen immediately.
Scenario:A local basketball game is about to begin. Threw out the whole game the teams were arguing about the ref not calling the right calls. The game was about to end and the players started pushing each other around. Mainly Kelcie and sabrina.The ref got in the way but Sabrina got around him, then hitting Kelcie in her face. The school security cop came then arresting Sabrina who hit Kelcie, charging her with simple assault.
Aggravated Assault
PA Crimes Code Definition: When a person attempts to cause bodily injury to another or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life. (Aggravated Assault, 2010)
Scenarios
Tom curb stomps Andrea giving her a concussion, fractured skull, and broken nose.
Alicia brings a gun to a party to threaten Matthew, her ex-boyfriend. She pulls out the gun, and points it at him. She tells him that it's not loaded... this time. Matthew calls the police, and Alicia is charge with attempting to cause serious bodily injury (bringing a gun demonstrates the possibility of serious bodily injury).
HOMICIDE
HOMICIDE
A person is guilty of criminal homicide if he intentionally, knowingly, recklessly, or negligently causes the death of another human being. It is classified as murder, voluntary manslaughter, or involuntary manslaughter. To be charged with any grade of murder a prosecutor must prove there was an intent to kill when that person set out to do the act. If there is NOT INTENT... it is manslaughter.
1st degree Murder
PA Crimes Code: A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing. (Murder, 2010).
An intentional, pre-meditated killing of an individual, or individuals. As it is the most severe crime and grading of criminal homicide, first degree murder must demonstrate premeditation, a deliberate act, and malice (hardness of heart, wickedness of disposition, cruelty)
Scenario: Throughout his high school career, John is constantly singled out by another student named Mohamed to be the target of name calling and other offensive behaviors. After graduating John researches Mohamed's working schedule and discovers that he makes his way home every night at about 8:00 pm. After discovering this John goes to the gun store and purchases a 9mm handgun, intending to find and kill Mohamed. Upon arrival to his own house after the purchase of the firearm John begins to plan the murder of his former peer, he decides he will do it on Monday as soon as Mohamed returns home after work. The following monday John arrives at Mohammed's house at 8:30 pm, upon arrival he sneaks in Mohamed' s unlocked front door and frantically begins searching his house. After a few minutes he finds Mohamed in his room watching television, he begins taunting Jeff viciously at gun point until Jeff begins to plea for his life. Minutes later John empties his 12 round clip into Mohamed's body, John begins to panic after realizing what he has done and decides he should head home immediately. He then quickly runs out the door returning home about a half an hour later. The next day John hears a knock on his door and finds the cops armed and ready to arrest him. He is later convicted of first degree murder because of the cruelty/malice he showed when committing the crime and was sentenced to death. This is the only crime in PA that can result in a death sentence.
2nd degree Murder
PA Crimes Code: A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony (Murder, 2010).
Unintentionally killing someone while in the process of committing a felony.
Scenario: Bobby comes across Scott on the street. Bobby was just evicted from his house, he has no money. He wants to rob Scott of his money. He sees Scott getting into his car and decides to carjack instead. When Bobby tries to push him from his car, Scott struggles. Scott tries to defend himself but Bobby overpowers him and pushes him to the ground. Scott hits his head on the curb and suffers from a severe Subdural Hematoma and dies. Bobby drives off and gets caught later on.
3rd degree Murder
PA Crimes Code:All other kinds of murder shall be murder of the third degree. Murder of the third degree is a felony of the first degree. (Murder, 2010)
This is generally offered as a plea bargain if the prosecutor doesn't feel like they can prove the person guilty of 1st degree murder.
Scenario:Marcus and Maggie are walking home from school. They must walk through a pretty run down neighborhood, so Marcus has taken to carrying his dad's gun with him, even though its unloaded. Nick and his gang of friends are in the middle of a turf war with another group, and Marcus and Maggie walk directly into the gunfight. Marcus knows that if he pulls the gun he will be expected to use it, but he does anyway, holding Maggie behind him. As Nick aims at Marcus, Marcus shoots him first, killing him instantly. Marcus admits to the arresting officer that he was well aware of the dangers of carrying a gun - and that he understood that carrying it demonstrated he was willing to use it to kill someone. The prosecutor knows they don't have the evidence to support a first degree murder conviction, so they press third degree instead, based upon the statements made by Marcus to the police. She is fairly confident that the jury will acquit Marcus of all charges, but knows she has a responsibility to the State to bring charges against him, regardless.
Voluntary Manslaughter
PA Crimes Code: "A person who kills an individual without lawful justification commits voluntary manslaughter if at the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by:
(1) the individual killed; or
(2) another whom the actor endeavors to kill, but he negligently or accidentally causes the death of the individual killed." (Voluntary Manslaughter, 2010)
Killing another while being in a heated moment or acting in ones own free will
Scenario: James a boy from the Bronx, was walking home from the train from Harlem. James is also in a gang called the Bronx S. And on his way home he ran into a rival gang member named Big Ready from the Brooklyn T's. James doing what he had to do cause Big Ready was on his turf, he pulled out his gun that was hidden inside of his pants. With 3 gun shots he killed Big Ready straight in his tracks. It was just something that he had to do knowing that he had to protect his turf. Even though it wasn't planned it was in the heat of the moment.
Involuntary Manslaughter
PA Crimes Code: "A person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person." (Involuntary Manslaughter, 2010)
Scenario: Katie and Joe have been dating for years and they are deeply in love. One day, Katie sees Joe talking to Ally. She can tell that Ally is flirting with Joe because she is all over him and can't stop smiling. Rumor has it that Katie is an extremely jealous girlfriend, and gets mad when she sees Joe talking to other girls. When Katie saw this, she got filled with rage. Out of anger, she went over to Ally and started yelling at her. Katie pushes Ally and a fight is about to break loose. Ally pushes Katie back with all of her mite and Katie fell backwards, hitting her head on the curb. Katie died from brain injury, instantly.
THEFT
Robbery
Burglary
Theft of Services
Retail Theft
Receiving Stolen Property
Theft by Deception
SEXUAL OFFENSES
Rape
Rape is the unlawful compelling of a person through physical force or duress to have sexual intercourse.
All Rape is Sexual assault but all Sexual assault is not necessary rape.
Summary: Rape is the unlawful compelling of a person through physical force or duress to have sexual intercourse. Rape is traditional intercourse without the consent of the other person by force or threat of force.
Rape of a child/ Rape of a child with bodily injury
Definition-The person engages in sexual intercourse with a child under 13 years of age and suffers serious bodily injury in the course of the offense.
Sentence- The person FORCES the CHILD under 13 years of age to have SEXUAL INTERCOURSE which results in BODILY INJURY of the child.
Rape of a child article York man sentenced for raping 7-year-old girl
Summary-
What happened: 27-year-old man, Nicholas Adam Bolton, raped a 7-year-old girl on May 27. 2011. A witness walked in on the act and DNA was found. Bolton did not disagree with the chargers. He was sentenced to 10 to 20 years in prison.
Statutory Sexual Assault
PA crimes code:
a person commits a felony of the second degree when that person
Engages in sexual intercourse with a complainant to whom the person is not
Married who is under the age of 16 years and that person is either:
(1) four years older but less than eight years older than the complainant; or
(2) eight years older but less than 11 years older than The complainant
Interpretation:
This is when someone is 4 years older then the complainant or the
Complainant is under 16 years of age and sexual intercourse occurs, with the
Stipulation that they are not married.
News Story:
A West York woman was charged with sexual assault on two minors, and also
took pornographic pictures of a boy and sent them to another man. Kathryn Lynne
Eckenrode, 31, had sex with two 14 year-old boys. Police talked with one boy,
who said that Eckenrode had sexually assaulted him when his family was on
vacation in Delaware. They sent texts back and forth and exchanged dirty pictures
of each other. There was another boy who also said to have texted and had sex
with Eckenrode at her home. On June, 27th the police interviewed her and she
admitted that she had sex with both boys. She also admitted to taking pictures of
her touching a 5 year old boy and sending them to another man. She is at York
County Prison on a $200,000 bail. Involuntary Deviate Sexual Intercourse
Sexual intercourse per os or per anus between human beings and any form of sexual intercourse with an animal, including penetration, however slight, of the genitals of another person with a foreign object.
Interpretation:
Somebody basically rapes somebody in a way that deviates from the traditional form of sex. Includes all elements of rape including force or threat of force.
One sentence summary:
Sexual intercourse in a way that goes against traditional ideas of sex with force or threat of force.
Richard Stough, aged 44, had sexual relations with a 12 year old girl, and he is now being charged with involuntary sexual deviate assault. He is charged with this crime because he had sexual relations other than the traditional method, common sense saying it was "per os."
Sexual Assault
Institutional Sexual Assault
Definition: Accused person is an employee at a facility/work place and (This including the Department of Corrections or the county correctional authority, youth development center, youth forestry camp, State or county juvenile detention facility, other licensed residential facility serving children and youth, or mental health/mental retardation facility or institution) has sex, deviate sex, or indecent contact with an inmate, detainee, patient or resident.
Interpretation: A person is accused of sex, deviate sex, or indecent contact with an inmate, detainee, patient, or resident while they are employed at a facility/workforce. They must have control over another.
1-sentence summary: If somebody is and employee and has control over another and sexually assaults them, they are convicted of institutional sexual assault.
News story: In the Dallastown case with Christopher Boyers, he was charged with institutional assault. This is because he was a teacher and she was a student. He had control and responsibility for her.
Aggravated Indecent Assault
Engages in slightpenetration with a part of another person's body.
No consent
Forcible compulsion
Not quite rape
Aggravated Indecent Assault is not full sexual intercourse, rather slight penetration.
2nd degree felony
Aggravated Indecent Assault of a child
Indecent Assault
Definition: Indecent Assault is when a person intentionally or forces a person to come into indecent contact with a persons body part or fluid for sexual pleasure, this pleasure can go both ways.
1 sentence: Indecent Assault is touching or rubbing another person’s genitals with no penetration by forcible compulsion.
Tanner Tate is accused of Indecent Assault. Tate went to a party and got drunk. He touched a girl he met. After being pushed away, Tate continued to touch the girl inappropriately. Indecent Exposure
Sexual Abuse of Children
STATUTE OF LIMITATIONS:
Definition:
The statute of limitations was set in place for victims of various types of sexual assault that did not wish to come forth about the crime immediately after it happened. Interpretation: *12 years after the commission of the offense:
-rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, incest, and sexual abuse of children.
*Any other offense: within 2 years after commission of the offense.
*If committed against a minor under 18, prosecution must commence by the date the minor reaches 50 years old:
-rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, incest, and sexual abuse of children. 1-sentence Summary:
When a victim is either threatened or extremely traumatized from the event, they are given this time, depending on the crime committed, to come forward about it. News Story: http://www.ydr.com/ci_23894558/lawyer-psu-could-settle-25-sandusky-related-civil?IADID=Search-www.ydr.com-www.ydr.com Lawyer: PSU could settle 25 Sandusky-related civil claims this week
In the Sandusky case, everyone knows about the countless number of sexual crimes he committed against children. While the lawyers were picking through all of the cases, they came across a few that, unfortunately, were not valid within the statute of limitations. Some of the more "minor" crimes committed, were not brought to the public's attention until later than 2 years after they occured. Therefore, they were not allowed to be carried through due to this law.
**All notes, presentations, and additional work with the PA Crimes Code contents are located in our classes folder in GoogleDocs. Please visit here to study before every quiz/test, etc.
ASSAULT
Simple Assault
Aggravated Assault
HOMICIDE
HOMICIDE
A person is guilty of criminal homicide if he intentionally, knowingly, recklessly, or negligently causes the death of another human being. It is classified as murder, voluntary manslaughter, or involuntary manslaughter. To be charged with any grade of murder a prosecutor must prove there was an intent to kill when that person set out to do the act. If there is NOT INTENT... it is manslaughter.1st degree Murder
2nd degree Murder
3rd degree Murder
Voluntary Manslaughter
Involuntary Manslaughter
THEFT
Robbery
Burglary
Theft of Services
Retail Theft
Receiving Stolen Property
Theft by Deception
SEXUAL OFFENSES
Rape
Rape of a child/ Rape of a child with bodily injury
Definition-The person engages in sexual intercourse with a child under 13 years of age and suffers serious bodily injury in the course of the offense.
Sentence- The person FORCES the CHILD under 13 years of age to have SEXUAL INTERCOURSE which results in BODILY INJURY of the child.
Rape of a child article
York man sentenced for raping 7-year-old girl
Summary-
What happened: 27-year-old man, Nicholas Adam Bolton, raped a 7-year-old girl on May 27. 2011. A witness walked in on the act and DNA was found. Bolton did not disagree with the chargers. He was sentenced to 10 to 20 years in prison.
Statutory Sexual Assault
PA crimes code:
a person commits a felony of the second degree when that person
Engages in sexual intercourse with a complainant to whom the person is not
Married who is under the age of 16 years and that person is either:
(1) four years older but less than eight years older than the complainant; or
(2) eight years older but less than 11 years older than The complainant
Interpretation:
This is when someone is 4 years older then the complainant or the
Complainant is under 16 years of age and sexual intercourse occurs, with the
Stipulation that they are not married.
News Story:
A West York woman was charged with sexual assault on two minors, and also
took pornographic pictures of a boy and sent them to another man. Kathryn Lynne
Eckenrode, 31, had sex with two 14 year-old boys. Police talked with one boy,
who said that Eckenrode had sexually assaulted him when his family was on
vacation in Delaware. They sent texts back and forth and exchanged dirty pictures
of each other. There was another boy who also said to have texted and had sex
with Eckenrode at her home. On June, 27th the police interviewed her and she
admitted that she had sex with both boys. She also admitted to taking pictures of
her touching a 5 year old boy and sending them to another man. She is at York
County Prison on a $200,000 bail.
Involuntary Deviate Sexual Intercourse
- Sexual intercourse per os or per anus between human beings and any form of sexual intercourse with an animal, including penetration, however slight, of the genitals of another person with a foreign object.
- Interpretation:
- Somebody basically rapes somebody in a way that deviates from the traditional form of sex. Includes all elements of rape including force or threat of force.
- One sentence summary:
- Sexual intercourse in a way that goes against traditional ideas of sex with force or threat of force.
- Marshals arrest alleged York County sex offender in Florida
- Richard Stough, aged 44, had sexual relations with a 12 year old girl, and he is now being charged with involuntary sexual deviate assault. He is charged with this crime because he had sexual relations other than the traditional method, common sense saying it was "per os."
Sexual AssaultInstitutional Sexual Assault
- Definition: Accused person is an employee at a facility/work place and (This including the Department of Corrections or the county correctional authority, youth development center, youth forestry camp, State or county juvenile detention facility, other licensed residential facility serving children and youth, or mental health/mental retardation facility or institution) has sex, deviate sex, or indecent contact with an inmate, detainee, patient or resident.
- Interpretation: A person is accused of sex, deviate sex, or indecent contact with an inmate, detainee, patient, or resident while they are employed at a facility/workforce. They must have control over another.
- 1-sentence summary: If somebody is and employee and has control over another and sexually assaults them, they are convicted of institutional sexual assault.
- News story: In the Dallastown case with Christopher Boyers, he was charged with institutional assault. This is because he was a teacher and she was a student. He had control and responsibility for her.
Aggravated Indecent Assault- Engages in slight penetration with a part of another person's body.
- No consent
- Forcible compulsion
- Not quite rape
Aggravated Indecent Assault is not full sexual intercourse, rather slight penetration.Aggravated Indecent Assault of a child
Indecent Assault
Definition: Indecent Assault is when a person intentionally or forces a person to come into indecent contact with a persons body part or fluid for sexual pleasure, this pleasure can go both ways.
1 sentence: Indecent Assault is touching or rubbing another person’s genitals with no penetration by forcible compulsion.
Windsor man arrested after alleged sexual assault on 17-year-old female
Tanner Tate is accused of Indecent Assault. Tate went to a party and got drunk. He touched a girl he met. After being pushed away, Tate continued to touch the girl inappropriately.
Indecent Exposure
Sexual Abuse of Children
STATUTE OF LIMITATIONS:
Definition:
The statute of limitations was set in place for victims of various types of sexual assault that did not wish to come forth about the crime immediately after it happened.
Interpretation:
*12 years after the commission of the offense:
-rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, incest, and sexual abuse of children.
*Any other offense: within 2 years after commission of the offense.
*If committed against a minor under 18, prosecution must commence by the date the minor reaches 50 years old:
-rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, incest, and sexual abuse of children.
1-sentence Summary:
When a victim is either threatened or extremely traumatized from the event, they are given this time, depending on the crime committed, to come forward about it.
News Story:
http://www.ydr.com/ci_23894558/lawyer-psu-could-settle-25-sandusky-related-civil?IADID=Search-www.ydr.com-www.ydr.com
Lawyer: PSU could settle 25 Sandusky-related civil claims this week
In the Sandusky case, everyone knows about the countless number of sexual crimes he committed against children. While the lawyers were picking through all of the cases, they came across a few that, unfortunately, were not valid within the statute of limitations. Some of the more "minor" crimes committed, were not brought to the public's attention until later than 2 years after they occured. Therefore, they were not allowed to be carried through due to this law.
INTRODUCTORY DEFENSES